TMI Blog2020 (4) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent for finishing/polishing and after polishing the same is sent back to the applicant - On a mere perusal of the definition of operational creditor and operational debt it is found that, in the instant case, there is no such relation of operational creditor and corporate debtor between the two parties as the applicant never provided any goods and services to the respondent. The application so filed is not maintainable and hence stands dismissed. - CP (IB) NO. 372/9/NCLT/AHM/2018 - - - Dated:- 10-2-2020 - Ms. Manorama Kumari, Judicial Member And Chockalingam Thirunavukkarasu, Technical Member Rutul Shukla, PCS, for the Petitioner. Manoj Hurkat Jain, for the Respondent. ORDER Ms. Manorama Kumari, 1. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e corporate debtor had claimed to have been sold and supplied to the operational creditor polished diamonds from time to time under several invoices. That, the corporate debtor made payments to the operational creditor till 3rd April, 2017. However, it is alleged that the corporate debtor failed to make any further supply or pay any further amounts to the operational creditor till date. That, as on 29th May, 2017 there was still a sum of USD 11,25,361.54 equivalent to ₹ 7,31,48,500/- at the conversion rate of ₹ 65/- per USD due and outstanding from the corporate debtor. 6. In support of its claim, the operational creditor has annexed to the application copy of all related documents like copy of invoices, demand notice etc. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l transactions of sale/purchase/labour/invoice and/or credit/debit note between the parties interse. That, copy of an e-mail communication dated 4th April, 2017 (which has been suppressed by the applicant in its application) received from Mr. Vicky Panchal, representative in India of the applicant which contains financial working of some of the transactions between the parties. 10. The respondent company has further stated that the applicant has also suppressed the fact that the respondent on 22nd February, 2018 had filed a criminal complaint against the director/administrator/partner/responsible officer of the applicant in connection with their acts and dealings with the respondent. 11. The respondent company has further stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also not valid as the same was issued by an Advocate and the same was not issued by the applicant. Findings 16. Heard learned lawyers appearing for both the sides, also seen the documents annexed to the application and the reply thereto. 17. On perusal of the records it is found that the demand notice in form No. 3 issued by the applicant on 19th May, 2018 is signed by advocate without any authorisation. 18. On perusal of the records it is also found that despite the claim made by the applicant in part IV of form No. 5 that materials as specified in the purchase order/s were supplied from May 2016 to February, 2017, the applicant has not kept on record copy of the orders so placed by the respondent. Similarly, no copy of deliv ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
